Disposed

Mamta Devi v. State of Hp and Ors.

Himachal Pradesh HC1 Nov 2022CWP/5069/2022

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh allowed a writ petition filed by a Part Time Multi Task Worker candidate challenging a selection result. The court permitted the petitioner to file an appeal under the newly inserted Rule 19 before the Additional District Magistrate, immune from delay, while dismissing the immediate writ.

What did the court decide?

The petitioner was permitted to file an appeal before the Additional District Magistrate, Mandi, under Rule 19 of the Part Time Multi Task Workers Policy, 2020, within 15 days.

Mamta Devi Vs State of Hp and Ors. — Service and Employment | Himachal Pradesh HC (2022)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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ON THE 1^st DAY OF NOVEMBER, 2022 BEFORE

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HON’BLE MS. JUSTICE SABINA

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HON’BLE MR. JUSTICE SUSHIL KUKREJA

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CIVIL WRIT PETITION No.5069 of 2022

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Between:-

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MAMTA DEVI, WD/O SH. ASHOK KUMAR, RESIDENT OF VILLAGE AND POST OFFICE, KHALANOO, TEHSIL KOTLI, DISTRICT MANDI, HIMACHAL PRADESH. ..….PETITIONER

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(BY MR. G.R. PALSRA, ADVOCATE)

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AND

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1. STATE OF HIMACHAL PRADESH THROUGH PRINCIPAL SECRETARY

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(EDUCATION) TO THE GOVERNMENT OF

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HIMACHAL PRADESH, SHIMLA-2.

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2. DEPUTY DIRECTOR ELEMENTARY EDUCATION, MANDI, DISTRICT MANDI,

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HIMACHAL PRADESH.

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3. BLOCK ELEMENTARY EDUCATION OFFICER, SAIGALOO, TEHSIL KOTLI, DISTRICT

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MANDI, HIMACHAL PRADESH.

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4. SELECTION COMMITTEE, PART TIME MULTI TASK WORKER OF GOVERNMENT PRIMARY SCHOOL, KHALANOO, TEHSIL KOTLI, DISTRICT MANDI, HIMACHAL PRADESH.

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5. SHRI NAROTAM RAM, SON OF SHI CHAUDHARY, RESIDENT OF VILLAGE AND POST OFFICE, KHALANOO, TEHSIL KOTLI, DISTRICT MANDI, HIMACHAL PRADESH. .…… RESPONDENTS

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(MR. ASHWANI K. SHARMA, ADDITIONAL ADVOCATE GENERAL, FOR R-1 TO R-3, MR. HAMENDER SINGH CHANDEL, ADVOCATE, FOR R-5)

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This Petition is coming on for admission this day, Hon’ble

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Ms. Justice Sabina , passed the following:

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O R D E R

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Petitioner has filed the petition under Article 226 of the

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Constitution of India, seeking following relief(s):-

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“i) That in view of the above mentioned facts and circumstances, the present writ petition may kindly be allowed and the appointment and selection of respondent No.5 as Part Time Multi Task Worker in Govt. Primary School Khalanoo, Tehsil Kotli, District Mandi contained in result sheet Annexure P-7 may kindly be quashed and set aside by issuing is writ of certiorari.

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ii) That the respondents No.1 to 4 may kindly be directed to offer appointment to the present petitioner as Part Time Multi Task Worker in Govt. Primary School Khalanoo, Tehsil Kotli, District Mandi being more meritorious than respondent No.5 by issuing a writ of mandamus.”

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Learned counsel for the petitioner has submitted that now vide

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Addendum dated 25^th August, 2022, Rule-19 has been added to the Policy and as per the said rule, appeal can be filed before the Additional District Magistrate (ADM) of the District within 15 days of

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the selection/appointment. In the present case, the result was declared on 9^th June, 2022 . Hence, the petitioner would not be able

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to avail the benefit of newly added Rule-19. Learned counsel has further submitted that the petitioner will approach the Additional District Magistrate, Mandi, by way of an appeal within 15 days from today and the same should not be rejected by the competent authority on the ground that it is time barred as the Rule 19 has been incorporated on 25^th August, 2022.

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Rule-19, provided vide Addendum dated 25^th August, 2022, reads as under:-

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“ ADDENDUM

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In partial modification of this Department's Notification No. EDN-C-B(1)2/2019 dated 16th July, 2020 (as updated upto 11th March, 2022), the Governor, Himachal Pradesh is pleased to add "Rule-19 Appellate Authority" in the Part Time Multi Task Workers Policy, 2020 as under:

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19. Appellate Authority.

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4 The appeal in respect of complaints relating to PTMTW selection/appointment etc. should be made to the Additional District Magistrate (ADM) of the district within 15 days of the selection/appointment. The appeal will be considered by the Additional District Magistrate (ADM) of the district and disposed off within 30 days from its receipt with suitable directions. If the complainant is not satisfied with the outcome, then he/she may file an appeal with the Director of Higher/Elementary Education, as the case may be, within 15 days from the decision of the Additional District Magistrate (ADM). The appellate authority may dispose off the appeal within 60 days after hearing the appellant.

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By Order Devesh Kumar, IAS Pr. Secretary (Education) to the Government of Himachal Pradesh.”

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Keeping in view the submissions made by learned counsel for

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the petitioner, we deem it appropriate to dispose of the writ petition by permitting the petitioner to approach Additional District Magistrate, Mandi by way of an appeal within 15 days from today and the said authority will dispose of the appeal in terms of Rule 19, provided vide Addendum dated 25^th August, 2022.

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It is clarified that the appeal filed by the petitioner would not be rejected on the ground of delay, but would be disposed of on merits.

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Pending miscellaneous application(s), if any, shall also stand disposed of.

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( Sabina ) Judge

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( Sushil Kukreja) Judge

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November 01, 2022 (ks)

Mamta Devi v. State of Hp and Ors.

Case brief

What is this about?

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Mamta Devi v. State of Hp and Ors.

Case brief

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